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New Technology and the Fair Debt Collections Practices Act

Are you sure your debt collection practices are compliant with the FDCPA?Gain important knowledge and learn up-to-date information regarding the interplay between the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the use of new technology in contacting debtors. We will cover the use of voicemails, caller ID, emails, text messages and faxes, and discuss recent case law addressing the application of this technology to the debt collection industry. Learn how the statute is being interpreted and applied by the courts to the new technology available to the industry.


Runtime: 65 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Fair Debt Collections Practices Act (FDCPA) - Overview

  • Important Elements

- Violation Notice

- Mini-Miranda Warning

- Jurisdictional Considerations

- Ceasing Communications

  • Debt Contract

- Telephone and Written Contract With Debtor

  • Fair Credit Extension Uniformity Act

Telephonic Communication - Telephone Consumer Protection Act

  • Application to Debt Collection
  • Express Consent
  • Damages of Statute of Limitation
  • Willfully or Knowingly
  • Communicating via Cell Phone
  • Auto-Dialers
  • Frequency of Calls

- Potential Violations

- Case Law

  • Voicemail

- Inherent Tension

- Conflicting Sections of FDCPA on Voicemails

- Past Practice

- Changing Practice

- Case Law

  • Caller ID

Electronic Communication

  • Email
  • Text Messages

Social Media

  • Issues and Case Law
  • Facebook®
  • Linkedin® and Twitter®
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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Nicholas D. Krawec, Esq.

Nicholas D. Krawec, Esq.

Bernstein-Burkley, P.C.

  • Partner with Bernstein-Burkley, P.C.
  • Practices in the areas of commercial litigation, collection law and creditors’ rights
  • Has written and spoken on many topics related to his areas of expertise
  • Listed as a Pennsylvania Super Lawyer, in the field of creditors’ rights since 2008, by Philadelphia magazine
  • Certified by the American Board of Certification as a creditors’ rights specialist
  • J.D. degree, Duquesne University; B.A. degree, cum laude, University of Pittsburgh
Raymond P. Wendolowski, Jr., Esq.

Raymond P. Wendolowski, Jr., Esq.

Bernstein-Burkley, P.C.

  • Associate with Bernstein-Burkley, P.C.’s Creditors’ Rights group
  • Focuses primarily on commercial collection litigation
  • Responsible for the filing and defense of mechanics’ liens, foreclosure actions, replevins, bond litigation, involuntary bankruptcies and other credit-related matters
  • Involved with a number of professional organizations, including the Allegheny County Bar Association (ACBA) where he graduated the Bar Leadership Initiative program and is a current member of the Education Committee
  • Served as a lecturer for Lorman Education Services, as well as for local credit industry trade groups, on credit, collections and collection-related topics
  • Licensed to practice law in Pennsylvania and was admitted to practice before the United States District Court for the Western District of Pennsylvania in 2011
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 399735
Published 2017
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